Conjoint reading of state and UGC regulations

REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8184 OF 2022
Prof. Narendra Singh Bhandari Appellant
Versus
Ravindra Jugran and Others Respondents
J U D G M E N T
M.R. SHAH, J.
7. The short question which is posed for consideration of this Court
is, whether the appointment of the appellant as Vice-Chancellor of the
University was legal and valid and whether it was after following the due
procedure, as required?
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8. While considering the aforesaid issue/question, the relevant
provisions of the University Act, 2019 and UGC Regulations, 2018 are
required to be referred to, which are as under:
Section 10 of the State University Act, 2019:
10. (1) The Vice-Chancellor shall be appointed by the Chancellor with the
concurrence of the State Government from among the distinguished
persons in the field of study of the University or from equivalent position in
Administration, Industry or Research Institute whose names are submitted
to him by search committee constituted by the State Government in
accordance with the provisions of sub-section (2).
Provided that fist Vice-Chancellor of University Shall be appointed by State
Government and Shall hold the Post for duration of three years.
(2) The committee referred in sub-section (1) shall consist of the
following persons:
(a) One person nominated by the Chancellor.
(b) One person nominated by the University Grants Commission (U.G.C.).
(c) The Secretary/Principal Secretary of the State Government higher
education department, who shall be the convener of the committee.
(3) Based on the qualification and eligibility prescribe in the
regulations of the University Grant Commission, the committee shall
prepare a panel of three persons who shall be suitable for the post of the
Vice-Chancellor. The committee while presenting the nominations to the
Chancellor, shall forward a brief descriptive note of every nominees
academic background/ qualifications and any specializations, but shall not
show any preferences.
xxx xxx xxx
Regulation 7.3.0 of the UGC Regulations, 2018:
i. A person possessing the highest level of competence, integrity,
morals and institutional commitment is to be appointed as Vice-Chancellor.
The person to be appointed as a Vice-Chancellor should be a
distinguished academician, with a minimum of ten years of experience as
Professor in a University or ten years of experience in a reputed research
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and / or academic administrative organisation with proof of having
demonstrated academic leadership.
ii. The selection for the post of Vice-Chancellor should be through
proper identification by a Panel of 3-5 persons by a Search-cum-SelectionCommittee, through a public notification or nomination or a talent search
process or a combination thereof. The members of such Search-cumSelection Committee shall be persons of eminence in the sphere of higher
education and shall not be connected in any manner with the University
concerned or its colleges. While preparing the panel, the Search cumSelection Committee shall give proper weightage to the academic
excellence, exposure to the higher education system in the country and
abroad, and adequate experience in academic and administrative
governance, to be given in writing along with the panel to be submitted to
the Visitor/Chancellor. One member of the Search cum Selection
Committee shall be nominated by the Chairman, University Grants
Commission, for selection of Vice Chancellors of State, Private and
Deemed to be Universities.
iii. The Visitor/Chancellor shall appoint the Vice Chancellor out of the
Panel of names recommended by the Search-cum-Selection Committee.
iv. The term of office of the Vice-Chancellor shall form part of the
service period of the incumbent making him/her eligible for all service
related benefits.
9. It is not in dispute that UGC Regulations, 2018 have been adopted
by the State Government vide GO dated 6.9.2019 and Regulation 7.3.0
of Regulations, 2018 has been specifically adopted with a modification
that the process of selection of Vice-Chancellor needs to be adopted but
selection committee and search committee would be constituted as per
the prevalent provisions of the Act at that point of time. Meaning thereby,
the selection committee and search committee would have to be
constituted as per the University Act, 2019 (Section 10). Otherwise, the
eligibility criteria provided under Regulation 7.3.0 of the UGC
Regulations, 2018 shall be applicable which, as observed hereinabove,
has been adopted by the State Government vide GO dated 6.9.2019.
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9.1 On a fair reading of Section 10 of the University Act, 2019 and
Regulation 7.3.0 of the UGC Regulations, 2018, a person to be
appointed as a Vice-Chancellor should be a distinguished academician,
with a minimum of 10 years teaching experience as Professor in a
University. As per Section 10(1), the Vice-Chancellor shall be appointed
by the Chancellor with the concurrence of the State Government from
among the distinguished persons in the field of study of the University or
from equivalent position in Administration, industry or Research Institute
whose names are submitted to him by search committee
constituted by the State Government in accordance with the
provisions of sub-section (2). Section 10(2) of the University Act, 2019
provides for constitution of the search committee. Section 10(3) of the
University Act, 2019 provides that based on the qualification and
eligibility prescribe in the regulations of the University Grant Commission,
the committee shall prepare a panel of three persons who shall be
suitable for the post of the Vice-Chancellor. It further provides that the
committee while presenting the nominations to the Chancellor, is
required to forward a brief descriptive note of every nominees academic
background/qualifications and any specializations, but shall not show any
preferences.
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9.2 Regulation 7.3.0 of the UGC Regulations, 2018 prescribes that the
person to be appointed as a Vice-Chancellor should be a distinguished
academician, with a minimum of ten years teaching experience as
Professor in a University. As per UGC Regulations, 2018, the selection
for the post of Vice-Chancellor should be through proper identification by
a panel of 3-5 persons by a Search-cum-Selection Committee, through a
public notification or nomination or a talent search process or a
combination thereof. Regulation 7.3.(ii) provides for constitution of a
Search Committee. As per Regulation 7.3.(iii), the Visitor/Chancellor shall
appoint the Vice-Chancellor out of the panel of names recommended by
the Search-cum-Selection Committee.
10. Thus, on conjoint reading of Section 10 of the University Act, 2019
and Regulation 7.3.0 of the UGC Regulations, 2018, a person to be
appointed as Vice-Chancellor shall have a minimum of 10 years
teaching experience as Professor in a University or ten years of
experience in a reputed research and/or academic administrative
organisation with proof of having demonstrated academic leadership.
On conjoint reading of the aforesaid provisions, the selection for the post
of Vice-Chancellor should be through proper identification by a panel of
3-5 persons by a Search-cum-Selection Committee and the ViceChancellor shall be appointed out of the panel of the names
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recommended by the Search-cum-Selection Committee. In the present
case, the appointment of the appellant as Vice-Chancellor cannot be said
to be as per the requirement of Section 10 of the University Act, 2019 r/w
Regulation 7.3.0 of the UGC Regulations, 2018. ......
12. At this stage, it is required to be noted that the post of ViceChancellor of the University, as observed by this Court in catena of
decisions, more particularly in the cases of Gambhirdan K. Gadhvi
(supra); Anindya Sundar Das (supra); and Dr. Rajasree M.S. (supra),
is a very important post and therefore the most meritorious person
should be appointed as Vice-Chancellor of the University from and
amongst the other eligible meritorious candidates out of the panel of the
names recommended by the Search-cum-Selection Committee. On the
importance of the post of Vice-Chancellor, this Court in the case of
Gambhirdan K. Gadhvi (supra), in paragraphs 53 to 56, has observed
as under:
53. It is to be noted that the post of Vice-Chancellor of the university is a
very important post so far as the university is concerned. Being a leader
and head of the institution, the Vice-Chancellor of the university has to
play very important role. While academic qualifications, administrative
experience, research credentials and track record could be considered as
basic eligibility requirements, the greater qualities of a Vice-Chancellor
would be one who is a true leader and a passionate visionary. A Vice16
Chancellor needs to be one who understands and handles the affairs of
the university as ethical business and maintains a pellucidity in his conduct
towards the betterment of the university as well as the students therein. A
Vice-Chancellor should be one who can inspire students and guarantee
entry of high quality teachers into the university system. A Vice-Chancellor
functions as a bridge between the executive and academic wings of a
university as he is the head of both a teacher and an administrator.
54. We may refer to some of the significant Commission Reports
concerning the personality and role of a Vice-Chancellor of a university as
under:
54.1. The 1949 Radhakrishnan Commission stated that originally, the
Vice-Chancellorship of an Indian university was regarded as an
honorary post to be filled by a prominent man in his leisure time. But
now the position has changed, there is enough work to justify a full-time
appointment and the universities should have full-time paid ViceChancellors. While discussing the duties of a Vice-Chancellor, the
Commission stated that a Vice-Chancellor must be the chief liaison
between the university and the public and must be a keeper of the
university's conscience, both setting the highest standard by example
and dealing firmly and promptly with indiscipline and malpractice of any
kind. He/she must have the strength of character to resist unflinchingly
the many forms of pressure. Being a full-time task, it needs an
exceptional man (or woman) to undertake it. The Commission rejected
the proposal of selecting the Vice-Chancellor by an external body and
recommended that the Chancellor should appoint the Vice-Chancellor
upon the recommendation of the executive.
54.2. The 1971 Report of the Committee on Governance of Universities
and Colleges by the University Grants Commission chaired by Dr P.B.
Gajendragadkar, former Chief Justice of India while reiterating the
recommendations and observations made by the aforesaid
commissions also stated that the selection of a Vice-Chancellor is the
single most important decision that the governing body of the university
may be called upon to make. While the Chancellor of a university may
be a high dignitary of the State of the Union of India or an eminent
scholar or eminent person in public life of the State, the appointment of
Vice-Chancellor, being the important functionary of the university is
most strategic. The powers of proper maintenance of discipline and a
healthy environment for both teachers and students in the university is
vested with the Vice-Chancellor along with all the other powers vested
in him/her by various Statutes, Ordinances or Regulations. The
Commission also stated that appointment of a Vice-Chancellor is made
in most of the universities out of a panel of at least three names by the
Chancellor in case of State Universities and by the Visitor in case of
Central Universities. The panel of names is prepared by a Search
Committee constituted in accordance with the provision of the
Act/Statute. Since it was difficult to have a uniform system of forming a
committee in all the States, the alternatives to constitute the Search
Committee were also provided in the Report.
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54.3. The 1990 Report of the UGC Committee towards New
Educational Management by Professor A. Gnanam (also called as the
Gnanam Committee Report, 1990) accentuated the role of a ViceChancellor, stating that the Vice-Chancellor should be a person with
vision and qualities of academic leadership and with a flair for
administration because what the universities need is a sensitive,
efficient, fair and bold administrator. The Vice-Chancellor should be a
distinguished educationist from the higher education system having
highest level of competence, integrity, morals and self-respect.
54.4. The Ramlal Parikh Committee 1993 accented that the universities
need distinguished and dignified persons as Vice-Chancellors and it is
necessary to ensure that they are treated with dignity and regard, which
the office merits.
54.5. The University Grants Commission in its handbook titled Governance
in Higher Education: Handbook for Vice-Chancellors published in 2019 has
penned down the role of Vice-Chancellor of Indian universities having gained
a paramount importance in the recent times. In the words of Prof. D.P. Singh,
the then Chairman of University Grants Commission and former Director of
National Assessment and Accreditation Council (NAAC):
As Chief Executives and Academic Heads of Universities, the ViceChancellors are expected to be efficient and effective in terms of:
(a) Implementation of National Higher Education Policy and programmes,
(b) Institutional change in tune with the national reforms package,
(c) Quality and innovation enhancement and their sustainability,
(d) Productive engagement with communities of scholars from within their
universities and from national and international domains,
(e) Nurturing of Research and Innovation Ecosystem and translation of
deliverables to society and economy,
(f) Adoption of international best practices of Good Governance.
The Vice-Chancellor has to evolve as the leader of a symphony of
orchestra with the attributes of:
(a) Developing teams and teamwork, building partnerships and
collaborations delicately interwoven by collegiality, friendship and
intellectual engagement;
(b) Devising a strategy and action plan with defined milestones and
deliverables;
(c) Ensuring primary accountabilities of self and the abovementioned
university governing bodies; and
(d) Steering an institutional monitoring and evaluation mechanism on
university performance built on principles of transparency.
55. Discussing the situation in the backdrop of principle of governance as
quoted by Chanakya in his Nitishastra  Yatha Raja Tatha Praja, the
sense of morality must begin from the door of the leader who preaches it.
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56. Thus, universities are autonomous and the Vice-Chancellor is the
leader of a higher education institution. As per the norm, he/she should be
an eminent academician, excellent administrator and also someone who
has a high moral stature. The aforesaid reports of the Radhakrishnan
Commission, Kothari Commission, Gnanam Committee and Ramlal Parikh
Committee have highlighted the importance of the role of Vice-Chancellor
in maintaining the quality and relevance of universities, in addition to its
growth and development, keeping in view, the much needed changes from
time to time. Further, these committees have also made suggestions and
recommendations for identifying the right person for the said position. At
this stage, it is correct to say that a Vice-Chancellor is the kingpin of a
university's system and a keeper of the university's conscience.
13. Thus, considering the aforesaid relevant provisions, a ViceChancellor should have a minimum teaching experience of 10 years as a
Professor in the University and his name should be recommended by the
Search-cum-Selection Committee and the appointment of the ViceChancellor is to be made out of the panel recommended by the Searchcum-Selection Committee. At this stage, it is required to be noted that
even as per Section 10(3) of the University Act, 2019, based on the
qualification and eligibility prescribe in the regulations of the University
Grant Commission, the committee shall prepare a panel of three persons
who shall be suitable for the post of the Vice-Chancellor. Therefore,
even as per Section 10 of the University Act, 2019, the qualification and
eligibility prescribed in the UGC Regulations shall have to be considered
by the Search-cum-Selection Committee